…you can’t take it to the Supreme Court until it’s actually law. That won’t happen if/until the Senate passes its on bill, a joint conference committee approves a compromise and both House and Senate approve the compromise. Then Obama gets to sign it. After all that, hopefully someone will challenge the law’s constitutionality.

Usually, getting standing to challenge a law is difficult. There is no general taxpayer standing to challenge a law. In this case though, the oil companies and the coal miners would be out of business. So they suffer actual injury from this law. Yes, there is no “right” to a particular occupation, but there must be a way to show how they are actually harmed by whatever law does pass.